803 CMR, § 2.07

Current through Register 1533, October 25, 2024
Section 2.07 - Attorneys
(1) An attorney may access the CORI information of the attorney's client in the following manner:
(a) The attorney shall obtain the client's consent to access the client's CORI;
(b) The attorney shall verify the identity of the client;
(c) The attorney shall complete the CORI Attorney Affidavit Form, which must:
1. affirm that the subject of the request is a current client of the requesting attorney;
2. affirm that the attorney has obtained the client's consent to access the client's CORI;
3. describe and affirm the means used by the attorney to verify the client's identity; and 4. be signed by the attorney subject to the penalties of perjury.
(d) The attorney shall submit the completed CORI Attorney Affidavit Form either electronically via the attorney's account on the iCORI system or by a physical copy mailed to DCJIS.
(e) The completed CORI Attorney Affidavit Form will be valid for a period of one year from the signing of the form. The attorney may run a subsequent CORI check on the same client within this time period so long as the client is still a current client of the attorney.
(f) Where representation changes such that the client is represented by a succeeding attorney who works for the same firm or entity as the attorney who signed the CORI Affidavit Form, and where the client maintains an unbroken attorney-client relationship with attorneys working for that firm or entity, then succeeding attorneys who directly represent the client and who work for that same firm or entity may run a subsequent CORI check on the client within one year of the signing of the CORI Attorney Affidavit Form by the initial attorney.
(g) The attorney or the firm or entity for which the attorney works shall maintain a copy of the completed CORI Attorney Request Form for a period of one year from the submission of the CORI request. The attorney who signs the form is responsible for ensuring that it will be preserved.
(h) A client's CORI accessed by an attorney on the client's behalf may only be disseminated:
1. to the client;
2. to such other individuals as authorized by the client; or
3. as otherwise authorized by law.
(i) An attorney shall not use the procedures outlined in 803 CMR 2.07(1) to access CORI of a former client or a non-client. To access the CORI of a former client or a non-client, an attorney must use the procedures described in 803 CMR 2.07(2).
(2) An attorney seeking to obtain a former client or non-client's CORI, beyond what is available via Open Access to CORI, for litigation purposes shall submit a valid, signed court order directly to DCJIS. A non-client's CORI, beyond what is available via Open Access to CORI, may only be disseminated:
(a) as allowed by the court that issued the order; or
(b) as otherwise authorized by law.

803 CMR, § 2.07

Amended by Mass Register Issue 1333, eff. 2/24/2017.
Amended by Mass Register Issue 1445, eff. 6/11/2021.